Check whether a franchise transfer is a sale needing disclosure

Key facts

Human involvement
YellowClose supervision
How AI is used
Extract who is selling, what the franchisor did with the prospective transferee, and whether the file contains anything beyond an approval or disapproval of the transfer. Do not calculate a cooling-off date.
What the lawyer must review
16 CFR 436.1(t) says a sale of a franchise does not include the transfer of a franchise by an existing franchisee where the franchisor has had no significant involvement with the prospective transferee. A franchisor's approval or disapproval of a transfer alone is not significant involvement. Where there is no sale, the pre-sale disclosure timing in 16 CFR 436.2 is not triggered by that definition. The lawyer decides whether the franchisor's role was significant involvement. The opened FTC text does not add a federal cooling-off period for a transfer. ABA Model Rules 1.1 and 5.3 and Formal Opinion 512 leave that decision with the lawyer.
Written for / version
United States versionUS

Who does what

Who does what
RoleWhat they do
AssistancePotential support includes extracting and organising information and assembling provisional schedules. Confirm the tool’s capability and permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  2. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

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